F1PART 5Civil penalties
Waiver and modification23
1
Paragraph (2) applies where—
a
the person liable to a civil penalty or upon whom a civil penalty has been imposed demonstrates to the satisfaction of the regulator, within 8 weeks of the service of a notice under regulation 21(1), that the person exercised all due diligence and took all steps possible—
i
to comply with the provision of the Regulations giving rise to the penalty; or
ii
to rectify any failure in compliance as soon as it came to that person's notice, provided that the person was acting reasonably in being unaware of the failure in compliance; and
b
in all the circumstances it is reasonable to exercise the powers set out in paragraph (2).
2
The regulator may—
a
waive a civil penalty;
b
impose or substitute a lower civil penalty;
c
allow the person a period of no more than 31 days to rectify any failure in compliance before it imposes a civil penalty, subject to such conditions (if any) as it considers appropriate;
d
extend the time for payment.
Regulations revoked (31.8.2010) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996), regs. 1, 60 (with savings and transitional provisions in reg. 60(2)-(12))